Md. Sarmat Alam @ Sarmat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2901 of 2020 Arising Out of PS. Case No.-907 Year-2019 Thana- ARARIA District- Araria ====================================================== Md. Sarmat Alam @ Sarmat son of Abdul Shakur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr.Kanhaiya Kishore(App100) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Special Case No. 1457 of 2019 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and 30(a) of Bihar Prohibition and Excise Act 2016. It is alleged that in huge quantity Indian made foreign liquor was recovered from a vehicle which was, allegedly being driven by the petitioner but seeing the police party, petitioner fled away leaving behind the said liquor and vehicle. Moreover, driving licence and Adhar-card of the petitioner was recovered from the seized vehicle. Although, learned counsel for the petitioner tried to convince me about the maintainability of the petition as well as

Patna High Court CR. MISC. No.2901 of 2020(2) dt.28-02-2020 2/2 innocence of the petitioner but I am not at all convinced with the submission of learned counsel of the petitioner and, accordingly, this petition stands dismissed being not maintainable. However, this order shall not cause any prejudice to the concerned court at the time of consideration of regular bail application of the petitioner.

N.K/- (Hemant Kumar Srivastava, J) U